State v. Dean
Supreme Court of South Carolina
Before Gary, J., Spartanburg, September, 1904. Indictment against Harry Dean for murder. From sentence, defendant appeals on the following exceptions: “1. That his Honor erred in permitting the witness," J. W. Smith, while testifying, to read his testimony given at the former trial, the Court holding that he had a right to do so for the purpose of refreshing his recollection as to the correctness of what he was testifying to in this trial.
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Before Gary, J., Spartanburg, September, 1904. Indictment against Harry Dean for murder. From sentence, defendant appeals on the following exceptions: “1. That his Honor erred in permitting the witness," J. W. Smith, while testifying, to read his testimony given at the former trial, the Court holding that he had a right to do so for the purpose of refreshing his recollection as to the correctness of what he was testifying to in this trial. The error being, that the witness had no right to be allowed access to that testimony while on the stand, the State thereby improperly and illegally…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
The defendant was indicted for the murder of Miller McKinney, and the jury rendered a verdict of “guilty, with recommendation to the mercy of the Court.” The defendant appealed from the sentence of the Court upon exceptions which will be set out in the report of the case. The exceptions will be considered in their regular order.
1 First exception: The ground of objection was not stated; but waiving this objection, the following authorities show that the ruling of the presiding Judge was free from error. Berry v. Jourdan, 11 Rich., 67;…
2Cases cited7 opinions
- State v. McDanielSupreme Court of South Carolina · 1904
- State v. AdamsSupreme Court of South Carolina · 1904
- Hicks v. Southern Ry.Supreme Court of South Carolina · 1902
- State v. DillSupreme Court of South Carolina · 1897
- State v. TurnerSupreme Court of South Carolina · 1888
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3Cited by9 opinions
- State v. StockmanSupreme Court of South Carolina · 1909
- State v. BottomsSupreme Court of South Carolina · 1973
- State v. HillSupreme Court of South Carolina · 1924
- State v. PeakSupreme Court of South Carolina · 1926
- Mann v. Seaboard Air Line R. Co.Supreme Court of South Carolina · 1926
4 more not listed; retrieve them via the Exa API.